. A seller delivers to the buyer a larger quantity of goods than what was ordered. Which of the following is incorrect

Option A: The buyer has right to reject the whole goods.

Option B: The buyer has right to accept the whole goods.

Option C: The buyer has right to accept only the goods ordered and reject the rest

Option D: The buyer can retain the whole goods but make payment only for the goods ordered.

Correct Answer

Option: d

Explanation

Section 37 of the SOGA keeps the provision for delivery of wrong quantity according to this (1) Where the seller delivers to the buyer à quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate. (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate. (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole. (4) The provisions of this section are subject to any usage of trade, special agreement of course of dealing between the parties

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